The hiring of a worker must be subject of an employment contract in writing and signed for a definite or indefinite period. The contract explicitly states the nature and class of employment, rates of pay, benefits to which workers are entitled as well as other mandatory clauses imposed by the Labour Code ;

Presentation by the applicant prior to the employment, of all documents that will be requested by the Company for establishing his track record.

In case of breach of duty imposed on them by the contract of employment, the legal provisions and regulations, the worker is subject to disciplinary rules dictated by the company ;

Before the decision of any sanction, the opportunity should be given to the worker in fault to provide an explanation. The penalty shall be made only when evidence of guilt is established ;

Any dismissal must be justified by good cause connected with the capacity or conduct of the worker or based on the operational requirements of the company.

Individual dismissal

Where the dismissal is motivated and based on the operational requirements of the company, it can be pronounced only after notice of the trade union delegation followed by the express and written permission of the responsible Labour Inspector.

In the case of termination of a contract for cause related to the aptitude or discipline, the dismissed employee should be replaced immediately so that the total number of employees does not suffer any modification. The penalty will be then notified to the worker in writing.

Mass dismissal

If the requested authorization is obtained, the designation of workers to be made redundant takes place according to the criteria established by the Ministerial Decree of 26 October 12/CAB.MIN/TPS/116/2005 which lays down the procedures for dismissing workers.

In all cases, the final financial statement and the certificate of end of service will be provided to the worker within the time limit.

Procedure for hiring and dismissing expatriates

Any employer who intends to employ an expatriate worker must first submit the job offer to the National Office of Employment "ONEM" ;

The employer must also file the records of the expatriate candidate to the National Commission for Employment of Foreigners in order to allow this Commission to rule on the request for employment and renewal of work permit for foreigners ;

The rejection by the Commission of the request for work permit for foreigner implies the dismissal of this expatriate.

Operational costs related to the employment of foreigners

There is a tax to be levied on operations relating to the granting of work permit for foreigners.

The rate and the basis for the collection of this tax are set by inter-ministerial decree No. 013/95 of 01.31.1995.

Equivalent of USD 500 at the rate of the day (agro-industrial companies, Cattle breeding or plantations, mining, energy) ;